128 Cr.P.C.
Arvind Singh Chauhan
(Querist) 28 July 2011
This query is : Resolved
If recovery notice has been issued to husband on the steps taken by the lawyer of wife, and husband wants to deposit amount in court. Wife has left to pursue the matter, only her lawyer is taking steps.Wife is not traceable and have supposed to remarried with another man.
What would be of money, whether husband can get it back if wife does not come to receive it? Up to what time court should wait ?
Advocate Rajkumarlaxman
(Expert) 28 July 2011
It was she who filed the case. then either you show to court that she is remarried and doesnot need any alimony and the deposited amount be returned back to you. this can be done by fling an misc. application but you have to be sure and show that she has already married to some other person.
M V Gupta
(Expert) 30 July 2011
Hope u are seeking clarification on behalf of the husband. I feel u should move the court to cancel the order for payment of alimony by producing clinching evidence of remarriage.
